LAWS(APH)-2018-9-21

KONDAPALLI BUCHAIAH Vs. STATE OF ANDHRA PRADESH

Decided On September 27, 2018
Kondapalli Buchaiah Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The present appeal is preferred against judgment and order dated 14.09.2012 passed in Sessions Case No.667 of 2011 by the IV Additional Sessions Judge, Karimnagar, whereby the learned Court acquitted the accused/A-2 to A-5, who are not found guilty. However, accused/A-1 (appellant herein) has been convicted for the offence punishable under Sections 498-A, 302, 201 of IPC and Sections 3 & 4 of Dowry Prohibition Act (for short D.P.Act). Consequently sentenced him to undergo (1) Simple Imprisonment, for three years and fine of Rs. 5,000/-, in default, to suffer Simple Imprisonment, for three months for the offence punishable under Section 3 of D.P Act; (2) Simple Imprisonment for three months and fine of Rs. 2,000/-, in default, to suffer Simple Imprisonment, for one month for the offence punishable under Section 4 of D.P Act; (3) Simple Imprisonment for one year and fine of Rs. 1,000/-, in default, to suffer Simple Imprisonment, for one month for the offence punishable under Section 498-A IPC; (4) Life Imprisonment and fine of Rs. 10,000/-, in default, to suffer for six months for the offence punishable under Section 302 IPC and sentence of one year; and (5) Simple Imprisonment for one year and fine of Rs. 1,000/-, in default, to suffer for one month for the offence punishable under Section 201 IPC. All the sentences are directed to be run consecutively in the sequence stated above.

(2.) The case of the prosecution in brief is that:

(3.) On receipt of the complaint, Vemulawada Police registered a case for the offences punishable under Sections 498-A, 302, 201 IPC and Sections 3 & 4 of D.P. Act. The said Police took up investigation, visited the scene of offence, secured mediators, got the dead body photographed, removed body from the roof, examined the dead body, found ligature mark on throat. Thereafter, made arrangement for post-mortem examination, prepared inquest, secured evidence and arrested the accused/A-1. Thereafter, Police examined accused/A-1 and recorded his confessional statement in the presence of witnesses and seized a pillow as produced by the accused, arrested later on other accused also. Accordingly, completed other formalities and laid charge sheet before the concerned Magistrate.